Each province in Canada has its own Workers Compensation Program that pays disability income to workers who are injured while at work. To be eligible for workers’ compensation payments, you must work for a covered employer and suffer a work-related injury or illness. If you qualify for workers’ compensation benefits, you can receive disability income payments to age 65, and sometimes longer. You may also qualify for other benefits including, payment of health care and equipment expenses as well as payment for pain and suffering.
Eligibility for workers’ compensation benefits
Each Provinces’ workers’ compensation program has its own eligibility criteria, but generally they all include the following:
- Your employer has coverage through Workers’ Compensation; and
- You have suffered a work-related injury or illness.
What are workers’ compensation benefits
Workers’ compensation benefits vary from province to province, but they normally will include a mix of income payments, medical expense benefits, and income cases compensation or pain and suffering.
Deadlines to apply for workers’ compensation benefits
All workers’ compensation programs include strict deadlines to file a claim for benefits. The deadlines can vary from program to program but are usually six months from the date of injury or illness. With some limited exceptions, it is critical that you file a claim for workers’ compensation before the deadline. Failure to file a timely claim is the number one reason an otherwise legitimate claim will be denied.
Interaction of workers compensation benefits and long-term disability benefits
If you are covered by both workers’ compensation and long-term disability insurance, then it is critical that you apply to both programs. Failing to apply to both programs is a common mistake that may result in you being denied benefits under both programs. Seeking to avoid workers’ compensation claims, some employers will try to push workers into only applying for disability insurance benefits, when in fact the worker should be applying to both programs. This is a common mistake that can result in the employee being denied benefits under both program for technical reasons, even though her or she is otherwise legitimately disabled.
Applying for workers’ compensation benefits
The various workers’ compensation programs in Canada share a similar application process. They require the worker to report the illness or injury as soon as possible. Most programs have a six-month deadline to file a report of injury or illness. Each program has its own injury report form. You apply by filing an injury report and sending it to the workers compensation program office.
Appealing a denial of workers compensation benefits
The various workers’ compensation programs have very similar appeal procedures. If your initial claim is denied, you file a reconsideration appeal directly with the Workers Compensation Program. If that appeal is denied, then you typically appeal to an independent tribunal which will give a final decision. Appeals beyond the independent tribunal can only deal with errors of law, so it is essential that you present all evidence in your Tribunal Appeal.
Workers’ compensation programs by province and territory
Each province has its own workers’ compensation program. The rules and benefits are unique to each program.
|Alberta||Workers Compensation Board of Alberta|
PO Box 2415
Edmonton, AB T5J 2S5
|British Columbia||WorksafeBC (Workers’ Compensation Board of British Columbia)|
6551 Westminster Highway
Richmond, BC V7C 1C6
|Manitoba||Workers Compensation Board of Manitoba|
333 Broadway St.
Winnipeg, MB R3C 4W3
1 Portland St.
PO Box 160
Saint John, NB E2L 3X9
|Newfoundland and Labrador||Workplace Health, Safety & Compensation|
Commission of Newfoundland and Labrador
146-148 Forest Rd.
PO Box 9000
St. John’s, NL A1A 3B8
|Northwest Territories and Nunavut||Workers Compensation Board of the Northwest Territories and Nunavut|
5022 49th Street, 5th Floor
Centre Square Tower PO Box 8888
Yellowknife, NT X1A 2R3
|Nova Scotia||Workers’ Compensation Board of Nova Scotia|
5668 South St.
PO Box 1150
Halifax, NS B3J 2Y2
|Ontario||Workers’ Compensation Board of Prince Edward Island|
14 Weymouth St.
PO Box 757
Charlottetown, PE C1A 7L7
|Quebec||Commission des norms, de l’équité, de la santé et de la sécurité due travail (CNESST)|
524, rue Bourdages
Quebec, Qc G1K 7E2
|Saskatchewan||Saskatchewan Workers’ Compensation Board|
200-1881 Scarth St.
Regina, SK S4P 4L1
|Yukon||Yukon Worker’s Compensation, Health and Safety Board|
401 Strickland St.
Whitehorse, YK Y1A 5N8
Workers’ advocates programs by province and territory
Each province and territory has a free legal clinic to represent workers who need to appeal claim denials from the workers’ compensation board. These legal clinics are funded by the provincial government but are independent from the Workers Compensation programs. Each of these legal clinics have their own rules for and criteria for who is eligible for their services. You must contact these clinics to see if they can represent you in your appeal.
|Alberta||Office of the Appeals Advisor|
|British Columbia||Workers Advisors Office|
|Manitoba||Worker Advisor Office|
|New Brunswick||Worker’s Advocate|
|Newfoundland and Labrador||Worker’s Advisor|
|Northwest Territories and Nunavut||Workers’ Advisors Office|
|Nova Scotia||Workers’ Advisor Program|
|Ontario||Office of the Workers Advisor|
|Prince Edward Island||Worker Advisor Program|
|Quebec||Service des plaints|
|Saskatchewan||Office of the Workers’ Advocate|